Missouri Sexting Laws (2026 Guide)


Missouri maintains some of the strictest laws in the nation regarding sexting, as the state statutes do not explicitly distinguish between “teen sexting” and serious child pornography offenses. Unlike states with specific “Romeo and Juliet” exceptions for digital images, Missouri law technically categorizes any visual depiction of a minor engaged in sexual conduct as child pornography, regardless of whether the sender is also a minor. This means teens sharing intimate photos can face felony charges under Revised Statutes of Missouri (RSMo) § 573.037.

Key Points

  • Specific Teen Sexting Law: No (falls under Child Pornography)
  • Age of Consent: 17 years old
  • Minor-to-Minor Sexting: Potential Class D to Class B Felony
  • Adult-to-Minor: Class B Felony or higher
  • Revenge Porn Law: Yes (RSMo § 573.110)
  • Sex Offender Registration: Likely required for felony convictions

Penalties at a Glance

  • Possession (1 image): Class D Felony (up to 7 years)
  • Possession (>20 images): Class B Felony (5-15 years)
  • Sharing/Promoting: Class B Felony (5-15 years)
  • Furnishing to Minor: Class A Misdemeanor (if not charged as CP)

Table of Contents

The Danger of Missouri Sexting Laws

Missouri is distinct from many other states because it has not enacted a specific “safe harbor” statute for minors who sext other minors. While states like Texas or California have laws that downgrade teen sexting to a misdemeanor, Missouri prosecutors rely on the general child pornography statutes found in Chapter 573.

This creates a dangerous legal landscape where a teenager who sends a nude selfie to a boyfriend or girlfriend has technically committed the same felony offense as an adult predator who distributes child sexual abuse material (CSAM). While juvenile courts often handle these cases with more leniency than adult courts, the underlying charge remains a serious felony under state law.

Possession of Child Pornography (§ 573.037)

The most common charge associated with receiving sexts is “Possession of Child Pornography” under RSMo § 573.037. A person commits this offense if they knowingly or recklessly possess any child pornography of a minor less than 18 years of age.

What Counts as Possession?

Possession is interpreted broadly in Missouri. It can include:

  • Having an image saved on a phone or computer hard drive
  • Having an image in a temporary cache file or browser history
  • Storing images in cloud accounts (Google Photos, iCloud, Dropbox)
  • Receiving an image via text or social media app, even if not manually “saved”

Penalties for Possession

The severity of the penalty depends on the quantity of images:

  • Class D Felony: Possession of a single still image.
  • Class B Felony: Possession of more than 20 still images, OR possession of just one video (motion picture), OR if the defendant has a prior offense.

Note that a single video file typically triggers the higher Class B Felony charge, which carries a mandatory minimum of 5 years in prison if prosecuted as an adult.

Promoting and Distributing (§ 573.025 / 573.035)

Sending, forwarding, or showing an explicit image to another person falls under “Promoting Child Pornography.” Missouri splits this into two degrees based on the age of the child depicted.

Promoting in the First Degree (§ 573.025)

Under RSMo § 573.025, it is a crime to promote (distribute) material depicting a child less than 14 years old.

  • Standard Penalty: Class B Felony.
  • Aggravated Penalty: If the material is knowingly promoted to a minor, it becomes a Class A Felony.

Promoting in the Second Degree (§ 573.035)

Under RSMo § 573.035, it is a crime to promote material depicting a minor under 18 years old (but 14 or older).

  • Standard Penalty: Class D Felony.
  • Aggravated Penalty: If the material is knowingly promoted to a minor, it becomes a Class B Felony.

Critical Warning: If a teen sends a nude photo to another teen, they are technically “promoting to a minor.” This elevates the charge from a Class D Felony to a Class B Felony, which is the same classification as Second Degree Murder or First Degree Assault.

Furnishing Pornographic Materials (§ 573.040)

In some cases, defense attorneys may advocate for a lesser charge under RSMo § 573.040, “Furnishing pornographic materials to minors.”

This statute makes it a crime to furnish material “pornographic for minors” to a minor. While typically intended for adult magazines or commercial porn, it can sometimes serve as a plea bargain alternative to the harsher child pornography statutes.

  • Penalty: Class A Misdemeanor.
  • Why it matters: This avoids a felony conviction and typically avoids sex offender registration, making it a crucial target for legal defense strategies.

Revenge Porn Laws (§ 573.110)

Missouri addresses non-consensual image sharing (“revenge porn”) under RSMo § 573.110, titled “Nonconsensual dissemination of private sexual images.”

Elements of the Crime

A person violates this statute if they:

  1. Intentionally disseminate an image with the intent to harass, threaten, or coerce another person.
  2. The victim is identifiable and engaged in a sexual act or has exposed intimate parts.
  3. The image was obtained with a reasonable expectation of privacy.
  4. The sender knows the victim did not consent to the sharing.

The “Adult Victim” Limitation

Crucially, § 573.110(2)(1)(a) specifies that this law applies when the person depicted is “at least eighteen years of age.”

If the victim is a minor, the offense does not fall under this “revenge porn” statute. Instead, it defaults to the much more severe Promoting Child Pornography statutes discussed above. In Missouri, “revenge porn” against a minor is effectively treated as child pornography distribution.

Penalties for Revenge Porn (Adult Victim)

  • Criminal: Class D Felony.
  • Civil: The victim can sue for damages. The statute allows for a minimum award of $10,000 or actual damages (whichever is greater) plus attorney’s fees.

Penalties and Sentencing Classes

Missouri categorizes felonies into classes A through E. The potential prison terms for these classes (as of 2026) are:

Class Prison Term Examples in Sexting Context
Class A Felony 10 to 30 years, or Life Promoting material of child <14 to another minor
Class B Felony 5 to 15 years Promoting material of teen (14-17) to another minor; Possession of >20 images or video
Class C Felony 3 to 10 years (Less common in sexting statutes)
Class D Felony Up to 7 years Possession of <20 still images; Revenge porn (adult)
Class E Felony Up to 4 years (Some subsequent offenses)
Class A Misdemeanor Up to 1 year jail / $2,000 fine Furnishing pornographic material to minor

Defenses and Romeo & Juliet

No Statutory “Romeo and Juliet” for Images

While Missouri has “Romeo and Juliet” type exceptions for consensual sexual contact (physical acts) between close-in-age minors under Chapter 566, these defenses do not explicitly apply to Chapter 573 (Pornography). There is no line in the sexting statutes that says “it is not a crime if the parties are within 2 years of age.”

This means legally, a 16-year-old dating a 16-year-old has no automatic statutory defense for possessing a nude photo of their partner. Defense attorneys must instead rely on:

  1. Prosecutorial Discretion: Arguing that the prosecutor should not file charges in the interest of justice.
  2. Juvenile Court Diversion: Seeking informal adjustment or diversion programs in the juvenile system rather than formal adjudication.
  3. Lack of Knowledge: Proving the defendant did not “knowingly” possess or promote the material (e.g., it was unsolicited and immediately deleted).

Unsolicited Images Defense

If you receive an unsolicited image, you generally do not commit a crime if you do not “knowingly or recklessly” possess it. However, keeping it, saving it, or showing it to others satisfies the “knowing” element. The best legal advice is usually to delete the image immediately and not respond.

Sex Offender Registration

Missouri has strict sex offender registration laws under Chapter 589. Convictions for Possession (§ 573.037) or Promoting (§ 573.025/035) Child Pornography typically require registration as a sex offender.

  • Tier System: Missouri uses a tiered system for registration duration (15 years, 25 years, or Life).
  • Juveniles: Juveniles adjudicated delinquent for these offenses may be required to register, but it is not always automatic. The court has discretion depending on the specific charge and the juvenile’s age. However, if a teen is certified as an adult, registration is mandatory.

Long-Term Consequences

Beyond potential jail time, a sexting-related charge in Missouri can devastate a young person’s future:

  • Educational Impact: Suspension or expulsion from school; loss of scholarships; denial of college admission.
  • Employment: Difficulty finding jobs due to background checks and felony records.
  • Housing: Many landlords refuse to rent to individuals with sex offense records.
  • Social Stigma: Listing on the public sex offender registry can lead to community isolation and harassment.

Frequently Asked Questions

Is it illegal to take a nude photo of myself if I am under 18?

Technically, the act of taking the photo creates “child pornography.” While you generally cannot be prosecuted for being the victim in the image, possessing that image on your phone constitutes “Possession of Child Pornography” under strict statutory reading. However, prosecution solely for self-possession is extremely rare; the danger arises when you send it.

Does Missouri have a Romeo and Juliet law for sexting?

No. Missouri’s “Romeo and Juliet” laws apply to physical sexual contact, not to the creation or distribution of images (Chapter 573). Teens close in age can still be charged with felonies for sexting.

What if I just show the picture to a friend but don’t send it?

Showing an image to another person counts as “promoting” or “distributing” under Missouri law. If you show a nude photo of a minor to another minor, you could face Class B Felony charges for Promoting Child Pornography.

Can parents be charged if they find sexts on their child’s phone?

Parents who find explicit images on their child’s device should be careful. Forwarding the image (even to police or other parents) constitutes “distribution.” The safest course of action is to confiscate the device and turn it over to law enforcement directly without sending the files, or to consult an attorney immediately.

What if the photo is just of underwear or a swimsuit?

The law applies to “sexual conduct” or “obscene material.” Simple swimsuit photos are generally not illegal unless they are taken in a manner that is considered “lewd exhibition of the genitals or pubic area.” However, “lewd” is a legal term subject to interpretation by judges and juries.

Can my school punish me for sexting that happens at home?

Yes. Schools often have jurisdiction to punish conduct that disrupts the educational environment. If the sexting involves other students or causes a disturbance at school (which it almost always does), schools can suspend or expel students involved, in addition to calling the police.

What to Do If Charged

If you or your child is facing an investigation or charges related to sexting in Missouri:

1. Do Not Delete Evidence

While it seems intuitive to “get rid of it,” deleting images after an investigation has started can lead to “Tampering with Physical Evidence” charges (RSMo § 575.100), which is a separate felony.

2. Remain Silent

Do not speak to the police, school administrators, or the other party’s parents without a lawyer. Anything you say (“I didn’t mean to hurt her,” “It was just a joke”) can be used as a confession to the “knowing” element of the crime.

3. Hire a Criminal Defense Attorney

Because Missouri law lacks a specific teen sexting statute, you need an attorney who understands how to navigate the juvenile justice system and negotiate for lesser charges (like “Furnishing”) or diversion programs to avoid a felony record.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Missouri laws are subject to change by the General Assembly. If you are facing legal issues, consult a qualified Missouri attorney immediately.

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